Author: CNBC Online news

Elon Musk mocks SEC as ‘Shortseller Enrichment Commission’ days after settling fraud charges

Musk trolls the SEC
2 Hours Ago | 05:31

Tesla CEO Elon Musk mocked the Securities and Exchange Commission in a tweet Thursday, calling the agency the “Shortseller Enrichment Commission,” days after settling fraud charges brought against him by the agency.

The tweet, which is missing a word and appears to take a sarcastic tone, says “the Shortseller Enrichment Commission is doing incredible work” and commends the SEC on a name change that did not occur.

Musk doubled down on the remark when another Twitter user said Musk needs a “a social team that can get attention without typos and without enraging the Shortseller Enrichment Committee.”

The Tesla CEO asked, “Why would they be upset about their mission? It's what they do.”

Shares of the automaker fell more than 2 percent after hours following the tweet. The stock was already down 4.4 percent during regular hours.

Late last week, Musk reached an agreement with the SEC to settle fraud charges in connection with an Aug. 7 tweet about taking the company private. Musk claimed at the time the necessary funding had been secured — a claim the SEC alleged was “false and misleading.”

Three experts on the future of Tesla after Elon Musk settled with SEC
5:55 PM ET Mon, 1 Oct 2018 | 01:35

That settlement hit a snag earlier Thursday when a federal judge ordered the agency and the billionaire CEO to justify the agreement as “fair and reasonable.”

Musk has often been outspoken about short sellers, investors who are betting against Tesla, accusing them of spreading “negative propaganda.” Last year he called them “jerks who want us to die.”

Later on Thursday, Musk responded to someone else's tweet suggesting that short selling should be illegal by agreeing and describing short sellers as “value destroyers.”

The SEC's complaint, filed last week, suggests Musk tweeted the take-private proposal, in part, to lift the company's stock and punish short sellers. Investors betting against Tesla lost about $1.3 billion immediately following that tweet.

The proposed settlement, should it be approved, would require Tesla to “establish a new committee of independent directors and put in place additional controls and procedures to oversee Musk's communications.” That oversight would only take effect 90 days after the settlement takes effect.

Elon Musk is bringing Trump-style tweeting to the corner office
4:11 PM ET Fri, 10 Aug 2018 | 04:39

Japan’s Toyota and SoftBank to form joint venture for new mobility services

Japanese automaker Toyota and tech giant SoftBank announced Thursday that they are forming a joint venture by April 2019 that will use data to optimize supply and demand in the transportation space.

The company, called Monet Technologies, will coordinate between Toyota's information infrastructure for connected vehicles and SoftBank's so-called Internet of Things platform that collects and analyses data from smartphones and sensors, the Japanese corporations said in a joint statement.

In the first phase, Monet plans to roll out just-in-time vehicle dispatch services for Japanese public agencies and private companies to meet user demand. Those services include on-demand transportation and corporate shuttles.

By the second half of the 2020s, the joint venture will roll out an on-demand mobility service that will use Toyota's self-driving, battery-operated electric vehicle called e-Palette for various purposes. They include meal deliveries, where the food is being prepared inside the vehicle, hospital shuttles that can conduct medical examinations on board and mobile offices.

Monet will roll out its mobility services in Japan before focusing on future expansion on the global market.

Toyota launched plans for the so-called e-Palette earlier this year and described the concept as a “fully-automated, next generation battery electric vehicle” that can be customized and scaled for various mobility services.

The companies said that the joint venture will start at 2 billion yen ($17.49 million), and will be increased to 10 billion yen in future. They did not specify a timeline.

SoftBank will own 50.25 percent of the joint venture while Toyota will take 49.75 percent. SoftBank Corp representative director and CTO, Junichi Miyakawa, will be president and CEO of the new joint venture.

That news came after Toyota's rival Honda said it was taking a stake in General Motors subsidiary Cruise Holdings as part of a plan for the two automakers to work together and build an autonomous vehicle. Honda will invest $2.75 billion over the next 12 years, which includes paying GM $750 million immediately as it takes a 5.7 percent stake in Cruise Holdings.

Both Toyota and SoftBank are separately developing technologies that are used in self-driving cars and related services.

The two companies have also invested in major ride-hailing firms: Toyota is invested in Uber and Grab while SoftBank backs both firms as well as China's Didi Chuxing.

Automakers around the world are making multibillion-dollar investments and creating long-range plans for rolling out autonomous vehicles. Many of them are teaming up with other companies to share risks, technologies and expensesassociated with building self-driving cars since it will take time before those vehicles can be mass-produced and sold for a profit.

Many analysts think the widespread adoption of self-driving cars will start to pick up in 2021 or 2022.

— CNBC's Phil LeBeau contributed to this report.

GM Cruise and Honda deal show how automakers share risk and high costs to build self-driving cars

Elijah Nouvelage | Reuters
A woman gets in a self-driving Chevy Bolt EV car during a media event by Cruise, GM’s autonomous car unit, in San Francisco, California, U.S. November 28, 2017.

GM and Honda's deal to partner on developing an autonomous vehicle signals that the two companies don't want to take on all the risk, expense and engineering resources needed to develop a self-driving car.

Companies are finding ways to share the burden and keep costs down on what could be a long road to a true autonomous vehicle market — and an even longer haul before it's ready to sell to the masses at a profit.

“Our mission is to deploy this technology safely at massive scale,” GM president Dan Ammann said Wednesday on CNBC's “Squawk on the Street.” “That's going to require a lot of resources — not just financial resources but also engineering resources.”

Kyle Vogt, CEO of GM subsidiary Cruise Holdings, told CNBC the deal will be a three-way partnership among GM, Honda and Cruise. The plan is to assemble a team and build an autonomous vehicle, though he did not give details on a timeline for the project or further details on the specific roles of each organization.

“We have our existing plans in motion to bring self-driving car technology to market, and then ultimately to scale it up,” Vogt said in an interview. “We are going to start with the vehicle we have been working on for a long time, but this is really about what comes next when you remove the human driver sitting behind the wheel.”

Starting with a completely new vehicle will allow the companies to consider all the different possibilities for a self-driving car and design everything else around it, rather than building self-driving tech onto an existing vehicle. Cruise is the group that is adding automated driving technology to GM's electric vehicle, the Chevrolet Bolt.

GM shares jumped more than 5 percent on the news.

Honda will invest $2.8 billion over the next 12 years, beginning with an immediate $750 million investment, and will take a 5.7 percent stake in Cruise Holdings. It follows Japanese conglomerate SoftBank's decision to invest $2.25 billion in Cruise in May.

Honda and GM have had a history of partnering on a number of technologies, such as batteries, powertrains, fuel cells. So it makes sense they would partner again, said Jeff Schuster, senior vice president of global forecasting at LMC Automotive, which tracks the auto industry.

“It is not new that they might come together to co-develop or spread the costs around, which is what I really think this play is,” he said. “Everyone is racing to autonomy, but it is a marathon and it is going to take a lot of investment.”

Schuster added the partnership allows them to develop a cutting-edge autonomous car “without burying your current operations, because you still have to make cars today, and you still have to develop new products for today's market.”

It could also be a way for traditional automakers to stake out their territory in an area that has attracted a lot of investment from tech companies and “put them on notice,” he said.

Schuster added that he suspects there will be more of these types of partnerships ahead, given how much capital will be needed before companies see any sort of return.

A recent LMC Automotive report said the firm does not believe that there will be a significant volume of fully autonomous vehicles before 2030. It is so far away, it makes it difficult to predict winners, Schuster said.

“This is a trend we are going to be seeing more of going forward,” said Sam Abuelsamid, senior research analyst at Navigant Research, who studies the auto industry and mobility technologies. “There is going to be increasing consolidation as companies that may have been struggling with their own autonomous driving efforts look to partner with others that are having more success and leverage their resources.”

There are only so many ways to build an automated driving system, just as there have only been so many ways to build other systems on cars in the past, such as antilock braking systems, Abuelsamid said. Several companies tried developing their own systems in-house before realizing they were spending money on systems that did not give them any real competitive advantage over products already available from partners or suppliers.

“So collaborating on this stuff and using the same technology where it makes sense will save everybody a lot of money,” Abuelsamid said.

BMW says the German government’s diesel fix ‘doesn’t make sense for us’

Thomas Lohnes | Getty Images News | Getty Images
Harald Krueger, CEO of German carmaker BMW shows the German Chancellor Angela Merkel an 'i Vision Dynamic' all-electric concept car at the 2017 Frankfurt Auto Show.

Auto giant BMW has said a proposal by the German government to make car companies retrofit polluting diesel cars “doesn't make sense for us.”

Millions of diesel drivers in Germany woke up Tuesday to find that their coalition government had agreed on a package of measures designed to prevent diesel driving bans starting up around the country.

The “Concept for Clean Air and Ensuring Individual Mobility in our Cities” proposal was subsequently presented during the mid-morning by Transport Minister Andreas Scheuer (CSU) and Minister of the Environment Svenja Schulze (SPD).

Drivers were told they should be able to trade their cars in at a favorable discount for emissions-compliant models, or that their cars could be return to be retrofitted with hardware that could curb the emissions.

However, Germany's powerful motor manufacturers have offered a lukewarm response to that policy.

BMW Group said in an emailed statement to CNBC that it would reject the hardware retrofit option as it “does not make sense for us in this case.” The car company said hardware measures would only be available to customers from 2021 and would have a “negative impact on quality, weight, consumption/CO2 emissions and performance in the vehicles.”

BMW said it did welcome, however, the government's “concept plan” as a good way to ensure the continued use of diesel.

The firm added that from October anyone leasing or buying new BMW cars in Germany would get an environmental bonus of 6,000 euros ($6,925). For nearly new vehicles, or demonstration vehicles, the figure drops to 4,500 euros.

China Daily | Reuters
Employees assemble vehicles at a plant of SAIC Volkswagen in Urumqi, Xinjiang Uighur Autonomous Region, China September 4, 2018.

Volkswagen Group, whose “dieselgate scandal” in 2015 triggered much of the awareness about pollution, has said it will offer diesel trade-ins in 14 German cities where pollution is considered high.

VW said 'Euro 5' class cars will get a trade-in boost of about 5,000 euros, while older vehicles will get up to 4,000 euros as an incentive.

In 1992 the 'Euro 1' was introduced as a standard class to denote the fitting of catalytic converters to gasoline cars to reduce carbon monoxide emissions. The latest standard is the 'Euro 6', which applies to all new cars from September 2015 and reduces some pollutants by 96 percent compared to the 1992 limits.

Volkswagen also shied away from the retrofit proposal, telling Reuters: “For retrofits, we assume that the federal government will ensure that all manufacturers take part in such measures.”

Daimler, the company that makes Mercedes-branded cars, has said it too would prefer to offer incentives rather than recalling cars to retrofit hardware.

In a statement provided to CNBC on Tuesday, Daimler said it would now look at the government's proposal in detail before issuing any further comment.

BMW CEO: The global auto market is at different speeds
22 Hours Ago | 00:42

A court in Germany ruled earlier this year that cities could ban 'Euro 4' and 'Euro 5' class diesel cars from streets in order to tackle air pollution. That ruling had given German lawmakers a headache over how to deal with the nearly 9 million cars on German roads that fall into those categories.

Hamburg has already banned such cars from two of its streets where pollution was found to be extremely high and it is thought other cities could soon follow.

Harry Hoster, an energy and pollution expert at Lancaster University, said in an email Tuesday that given the extreme level of the pollution problem and the long-term planning horizons of the auto industry, it was now time for the public to get behind a compromise solution.

“I find it appropriate for the public to support them in the transition instead of just yelling 'you should have known better.'”

European car registrations slowed dramatically in September after a new EU-wide emission-testing regime was put in to practice from the beginning of the month. Year-on-year, German and French registrations were down 31 percent and 13 percent respectively.

August sales were strong as car companies and showrooms slashed prices to offload stock that would not have complied with the new rules.

Citi downgrades embattled Tesla to sell, says the stock is too risky to buy even after big pullback

Citi downgrades Tesla
7:58 AM ET Fri, 28 Sept 2018 | 01:55

Citigroup downgraded Tesla's stock to a sell rating from neutral Friday, a day after the Securities and Exchange Commission filed a fraud lawsuit against CEO Elon Musk.

The brokerage detailed two paths forward for the electric car maker, one with Musk and one without. And both options aren't great for stakeholders.

“There's little question that Mr. Musk's departure would likely cause harm to Tesla's brand, stakeholder confidence and fundraising,” the note said. “If Mr. Musk ends up staying on, the reputational harm from this might still prevent the stock from immediately returning to 'normal.'”

“Ultimately it's a risk/reward call we approach from a 50/50 chance of 'bad' or 'Ok/good' outcomes; we think even after the post-close stock pullback (to $274), risk/reward is still tilted negatively,” state the note.

Citi also cut its price target on Tesla to $225, implying more than 25 percent downside from Thursday's close. Shares fell 13.9 percent Friday, posting their worst day since 2013.

The Securities and Exchange Commission filing in Manhattan federal court alleges that the CEO mislead shareholders on Aug. 7 when he announced he had secured funding for what might have been a corporate buyout.

Specifically, the government holds that Musk issued “false and misleading” statements and failed to notify regulators of material changes at the company.

Musk later explained that he had spoken to representatives of the Saudi Arabian sovereign wealth fund and felt confident that the funding take to the company private was assured at his proposed price of $420 per share.

Musk called the SEC's allegations “unjustified” and said he “never compromised” his integrity.

“This unjustified action by the SEC leaves me deeply saddened and disappointed,” Musk said in a statement. “I have always taken action in the best interests of truth, transparency and investors.

The SEC is seeking to forbid Musk from serving as an officer or director at any publicly traded company.

The lawsuit, which did not name Tesla as a defendant, comes as the company struggles to mass produce its Model 3 sedan. Since the company started to ramp up production last July, its already-slim cash hoard as dwindled, sparking concerns on Wall Street over whether Musk will need to raise additional capital.

For his part, Musk has repeatedly said Tesla won't need to seek new cash and guaranteed to keep Model 3 production at a steady clip in an effort to help the company turn cash-flow positive and profitable this quarter.

Disclaimer

Elon Musk tells Tesla staff to ‘ignore the distractions,’ hints at being profitable

Beck Diefenbach | Reuters
Elon Musk, CEO of Tesla.

Elon Musk believes Tesla is “very close” to turning a profit after years of burning through cash, but warned that Sunday would prove pivotal to the car marker achieving an “epic victory” on its production goals.

On the heels of a turbulent last few weeks that culminated in Tesla reaching a settlement with securities regulators, the company is expected to report third quarter production numbers this week.

In two emails obtained by CNBC, Musk exhorted staffers to “ignore the distractions” and that the company was close to “proving naysayers wrong.” With Sunday being the end of the quarter, Musk said that Tesla must go “all out” on production in order to “achieve a victory beyond all expectations.”

A report in Electrek suggested Tesla has already met an ambitious benchmark for its Model 3, after setting a production record in the second quarter. The publication reported that Tesla has already broken its record ahead of the third quarter's close, suggesting it would exceed guidance of 50,000 – 55,000 Model 3s.

Meanwhile, investors on Monday will also digest Tesla's settlement with the Securities and Exchange Commission over the company's brief flirtation with going private. On Saturday, regulators announced that both Musk and the company would be fined $20 million each, and the billionaire would be forced to give up his role as chairman of the board while remaining CEO.

Below are the two emails Musk sent to staff:

Friday, September 28:
Ignore all distractions. One more hardcore weekend and we will all be victorious.
Thanks for being amazing.
Elon

Sunday, September 30:
We are very close to achieving profitability and proving the naysayers wrong, but to be certain, we must execute really well tomorrow (Sunday).
If we go all out tomorrow, we will achieve an epic victory beyond all expectations.
Go Tesla!!
Thanks for all your hard work,
Elon

Musk is ‘gambling’ with nearly a third of Tesla’s value and should settle: Columbia law professor

Can Elon Musk fight the SEC and win? Experts debate
9 Hours Ago | 04:59

Tesla CEO Elon Musk is gambling not only with his job but with the electric auto maker's stock market value by not settling with the Securities and Exchange Commission, Columbia Law School professor John Coffee told CNBC on Friday.

“Mr. Musk is gambling with the shareholders' money. Probably 30 percent or more of the value of Tesla depends upon his presence as CEO,” Coffee said on CNBC's “Closing Bell.”

“I can't imagine a CEO doing anything more dangerous than rolling the dice with possibly as much as a third of the value of the company at stake,” he added.

Neither Musk nor Tesla were immediately available for comment.

Musk is being sued by the SEC for fraud, according to court documents filed Thursday, in relation to an Aug. 7 tweet in which Musk said he was considering taking Tesla private, adding: “Funding secured.”

The take-private idea was abandoned on Aug. 24.

Shares of Tesla closed down 13.9 percent Friday, their worst session since November 2013.

Tesla and the SEC were close to a no-guilt settlement, but Musk pulled out at the last minute, according to reporting by CNBC's Andrew Ross Sorkin.

Under the deal, Musk and Tesla would have had to pay a nominal fine and the CEO would not have had to admit any guilt, said CNBC's David Faber, citing sources. But those sources said Musk would have been barred from being chairman for two years and Tesla would have to appoint two new independent directors.

Many experts have said the settlement the SEC offered seems reasonable.

Coffee, who served as a member of an SEC advisory committee, agreed: “All it means is giving up the post as chairman; he's still in control.”

Coffee said the board needs to push Musk to accept it.

“They've sat on the sidelines as a passive bystander over the last six months, but they should be sitting down with Mr. Musk and telling him it's time for him to be mature and settle with the SEC,” Coffee added.

Jeffrey Sonnenfeld, a senior associate dean at the Yale School of Management, agreed Musk is “critical to the valuation” of the company. For the sake of Tesla, he urged the board to devise a plan to keep Musk there but rein him in.

Sonnenfeld called the board's decision to pass up the SEC's “generous” deal as “completely as self-destructive as Musk is.” He added, “What it tells us is this board, as a strategic plan, must be using the Jim Jones Jonestown suicide pact. They are drinking the Kool-Aid of the founder.”

If he were to give in and settle with the government, Musk would guarantee Tesla a stable future, said Coffee. If not, Musk is making a bet he's almost guaranteed to lose, he added.

“[Musk] is insisting on rolling the dice on whether he can beat the SEC in the Southern District of New York, where the SEC almost never loses,” Coffee said.

In a statement, the board said, “Tesla and the board of directors are fully confident in Elon, his integrity, and his leadership of the company, which has resulted in the most successful U.S. auto company in over a century. Our focus remains on the continued ramp of Model 3 production and delivering for our customers, shareholders and employees.”

Tesla shares plunge as Wall Street throws in towel, saying Musk departure could cost stock $130

Bobby Yip | Reuters
Elon Musk

Wall Street is buzzing over SEC's civil action against Tesla CEO Elon Musk, predicting significant negative ramifications for the electric car market due to the action.

Shares of the automaker were down 12 percent in Friday's premarket session.

The Securities and Exchange Commission sued Musk on Thursday, alleging for fraud. The complaint says Musk issued “false and misleading” statements and failed to properly notify regulators of material company events. Musk called the SEC's allegations “unjustified” and said he “never compromised” his integrity.

Barclays believes if Musk is forced to leave because of the SEC action, it will be weigh on Tesla's stock.

“The SEC civil action may lead to Musk's exit from Tesla (either permanently or temporarily) and the Musk premium in the shares dissipating,” analyst Brian Johnson said in a note to clients Friday. “Tesla shares have ~$130 of Musk premium for future success that might dissipate.”

Tesla's stock closed at $307.52 Thursday.

Johnson reiterated his underweight rating and $210 price target for Tesla shares.

One Wall Street firm is concerned the controversy about the lawsuit will hurt demand for Tesla's cars.

“We see the potential for negative sentiment to impact demand and employee morale,” Morgan Stanley analyst Adam Jonas said in an investor note. “In our view, this is particularly a risk if the situation is not resolved relatively quickly.”

Jonas reiterated his equal-weight rating and $291 price target for Tesla shares.

J.P. Morgan also thinks the news will affect the company's ability to raise financing.

“We are concerned that decreased confidence in Tesla on the part of investors may impact the company's ability to raise capital on amenable terms,” analyst Ryan Brinkman said in a note to clients Friday.

Brinkman reaffirmed his underweight rating and $195 Dec. 2018 price target for the company's shares.

Citigroup also downgraded the stock to a sell rating from neutral.

“There's little question that Mr. Musk's departure would likely cause harm to Tesla's brand, stakeholder confidence and fundraising,” the note said. “If Mr. Musk ends up staying on, the reputational harm from this might still prevent the stock from immediately returning to 'normal.'”

Disclaimer

Tesla shares drop as much as 13% after SEC charges CEO Elon Musk with fraud

Musk could still be an important piece of Tesla, he just couldn't run the thing: Stewart
6 Hours Ago | 11:59

Shares of Tesla dropped sharply in after-hours trading Thursday after court documents showed the Securities and Exchange Commission is suing Elon Musk for fraud.

Sources close to the company told CNBC the company was also expecting to be sued, though Tesla was not named as a defendant in the complaint.

Tesla's stock dropped as much as 13 percent, to around $268, down from $307.52 as of the close.

Musk, the company's CEO, tweeted last month he was thinking about taking Tesla private, noting: “Funding secured.”

The Aug. 7 tweet sent Tesla shares flying, and they closed 11 percent higher on the day.

After sending the tweet, Musk claimed he had been in talks with the Saudi Arabian sovereign wealth fund and was confident he'd have the funding to take the company private at $420 a share. Tesla abandoned its plans to go private later in August.

“The SEC is looking at it very seriously. The stock is going to be under pressure while this gets resolved, and obviously these things take time. The SEC obviously has fired the first shot,” said Art Hogan, chief market strategist at B. Riley FBR. “It sounds like the company's first communication was to defend.”

Tesla since Aug. 7

Source: FactSet

In its complaint, the SEC said Musk knew he “had not agreed upon any terms for a going-private transaction with the Fund or any other funding source,” adding Musk had “had no further substantive communications with representatives of the Fund beyond their 30 to 45 minute meeting on July 31.”

Regardless, the stock has been a roller-coaster ride for investors ever since the infamous Aug. 7 tweet. Since popping that day, the stock has dropped 19 percent through Thursday's close.

Colin Rusch, an analyst at Oppenheimer with a buy rating and a $385 price target on Tesla, told CNBC's “Closing Bell” the stock, and the company, can recover from this.

“The potential for this platform is generating an awful lot of cash flow,” Rusch said. If “they implement some fiscal discipline around growth and increment operating margins, we do think there is still an awful lot of capital that is still very bullish on this name and will continue to buy the name even with this sort of overhang.”

— CNBC's
Patti Domm
contributed to this report.

WATCH: Munster thinks there's a 25% chance Musk remains Tesla CEO

I think there's a 25% chance Musk remains Tesla CEO: Munster
6 Hours Ago | 09:06